MULAYAM SINGHversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 12842 of 2026

Mulayam Singh
                                                            .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)         : Lalit Kumar Srivastava
Counsel for Respondent(s)         : C.S.C., Pankaj Misra, Rohit Pandey

Court No. - 6
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Lalit Kumar Srivastava, learned counsel for the petitioner,
Shri Pankaj Mishra, learned counsel appearing for respondent No. 3, Shri
Rohit Pandey, learned counsel for respondent No. 2, and learned Standing
Counsel for the State respondents.

2. The present writ petition has been filed with the following prayer:-

"A writ order or direction in the nature of Mandamus directing the
respondent no.2 and 3 to decide the claim of the petitioner and also
decide the representation of the petitioner dated 08.07.2026 within
stipulated period as directed by this Hon'ble Court."

3. The contention of the counsel for the petitioner is that his services were
dispensed with as long back as on 30.12.2017 and thereafter he has
moved various representations and application under the Right to
Information Act but till date no reply has been given by the competent
authority i.e. the respondent No. 3; and in the aforesaid backdrop he
submits that his representation may be decided.

4. Shri Pankaj Mishra, appearing on behalf of the respondent-College,
submits that the present writ petition has been filed with material
concealment; whereas the petitioner has already assailed his order of
termination dated 30.12.2017, by way of Writ-A No. 14164 of 2018,
which this Court dismissed vide order dated 16.07.2018. However, there
is no whisper of the aforesaid petition in the affidavit filed along with the
aforesaid petition.
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5. On a pointed query to the counsel for the petitioner, he has vehemently
submitted that in the said petition, he has only assailed the advertisement
dated 14.06.2018 published for the various posts, but not his impugned
termination order. A copy of the order dated 16.07.2018 has been placed
before this Court by the counsel appearing on behalf of respondent No. 3,
and perusal of the same clearly indicates that the petitioner has also
challenged his termination order dated 30.12.2017. For ready reference,
the relevant extract of the aforesaid order dated 16.07.2018 is reproduced
below:-

"The petitioner in the writ petition is seeking quashing of the advertisement dated
14.6.2018 published for various posts of Civil, Mechanical, Electrical, Computer
Science, Lab Technician, Lab Assistant, Librarian, Assistant Librarian, Personal
Assistant and Networking as well as the termination order dated 30.12.2017.
According to the petitioner he was working as Workshop Superintendent in the
Faculty of Engineering and Technology, Agra College, Agra. His grievance is that his
services have been terminated by an order dated 30.12.2017. The impugned order,
however, shows that the petitioner was engaged purely on contract basis on a fixed
salary and that no appointment letter was ever issued to him. The petitioner was
allowed to work on contract basis till further selection on fixed salary by the then
Dean Faculty through his noting dated 3.6.2013. The impugned order clearly
mentions that no letter of appointment was ever issued to the petitioner nor any
process of selection known to law was ever processed in the matter of giving
appointment to the petitioner. His appointment was never approved by any
appointment/selection Committee. The petitioner has also not been able to show that
he was appointed against any substantive vacancy through any process of selection
known to law. No order of appointment has been filed with the writ petition and the
learned counsel for the petitioner also states that no letter of appointment was issued
to him.
Considering all these facts, we do not find any good ground for interfering with the
advertisement dated 14.6.2018 or the impugned order of termination dated
30.12.2017.
The writ petition lacks merit and is accordingly, dismissed."

6. Perusal of the aforesaid order indicates that the impugned termination
order dated 13.12.2017 was assailed, and this Court, vide its judgment
dated 16.07.2018, dismissed the said writ petition; and the said order has
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                                    attained finality.

                                    7. Counsel for the petitioner submits that no intra-court appeal was
                                    preferred against the order dated 16.07.2018.

                                    8. In view of the aforesaid, this Court finds that this petition has been filed
                                    with material concealment and an effort was made to misguide this Court,
                                    by not only concealing a material fact, but thereafter, when confronted
                                    with the said judgment, counsel for the petitioner tried to canvas before
                                    the Court that only the advertisement dated 14.06.2018 was the subject
                                    matter of challenge in Writ-A No. 14164 of 2018, which is again a
                                    factually incorrect fact.

                                    9. In view of the aforesaid, the present petition is liable to be dismissed
                                    with costs; accordingly, the petition is dismissed with costs of Rs. 5,000/-.



                                                                                          (Siddharth Nandan,J.)
                                    September 23, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad